THE UNITED STATES OF AMERICA

AND

THE CITY OF MOUNT VERNON, WASHINGTON

The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Mount Vernon, Washington, ("City") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements:

to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. § 35.105;

to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulations, 28 C.F.R. § 35.106;

to designate a responsible employee to coordinate its efforts to comply and carry out the City's ADA responsibilities, 28 C.F.R. § 35.107(a);

to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);

to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,

physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");

to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;

to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;

where the City communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;

to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);

to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: City Hall, Library, Community and Economic Development, Engineering Department, Wastewater Treatment Plant, Fire Station #2, Fire Station #3, Police and Court Complex, Hillcrest Park, Bakerview Park, Lion's Park, and Sherman-Anderson Park. The Department also reviewed the City's polling place and its 9-1-1 emergency services. Of those facilities, Community and Economic Development, Fire Station #2, Fire Station #3, and Hillcrest Park's Portable building constitute new construction commenced after January 26, 1992. Portions of the Library, the City Hall, and the Police and Court Complex constitute alterations that commenced after January 26, 1992.

B. JURISDICTION

1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.

3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE CITY

4. In 1993, the City designated an ADA Coordinator and an ADA Compliance and Grievance Committee comprised of city officials. Grievances are brought to the attention of the Chairperson.

5. In 1993, City Departments updated their job descriptions and hiring practices. The Building Department staff conducted a building survey. Items in need of repair or modification were presented to management staff for transition planning.

6. In 1996, Sound Access, an ADA consultant, was hired to prepare a self-evaluation for the City.

8. The City entered into an interlocal agreement with other local municipalities for 9-1-1 services provided.

9. The City has adopted and posts its Public Notice advising the public of efforts to comply with the ADA. The Library has an additional notice posted and makes many efforts to assist people with disabilities. As the City has renovated or built new facilities, it has taken steps such as designating accessible parking spaces, adding grab bars, providing signage, and installing automatic lights and door openers.

REMEDIAL ACTION

The parties to this Agreement are the United States of America and the City of Mount Vernon, Washington. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

10. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

11. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

12. In the interest of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by execution of this Settlement Agreement. This Agreement shall not constitute an adjudication and/or finding on the merits of the case, and shall not be used as evidence of liability, res judicata, or collateral estoppel in any other legal proceeding against the City.

A. POLICIES AND PRACTICES

13. The City will formalize its ADA grievance procedure and reduce it to writing within 30 days of the effective date of this Agreement. The procedure will be available for resolving complaints of disability discrimination in the City's provision of programs, services, activities, or benefits; employment discrimination complaints will continue to be resolved through the Mount Vernon Employee Personnel Policy.

14. The City will distribute the grievance procedure to all agency heads, post copies on public announcement or bulletin boards in City buildings, and submit a copy to the Department within 60 days of the effective date of this Agreement. Copies shall remain posted for 6 months from the date of this Agreement and will be provided to any person upon request.

15. Within 9 months of the effective date of this Agreement, the City will produce a closed captioned education video of the tour of the Wastewater Treatment Plant for persons with disabilities who cannot otherwise access the tour. 28 C.F.R. § 35.149, 28 C.F.R. § 35.150.

B. CITY COMMUNICATION

16. Within 3 months of the effective date of this Agreement, the City will develop procedures for the use of its telephone relay system (used to communicate with persons with hearing or speech impairments in non-emergency settings), and will train employees who take or answer public phone calls in these procedures.

17. Within 4 months of the effective date of this Agreement, the City will provide public notice, at least through its publications and the local telephone book, of the telecommunications system by which persons with hearing or speech impairments can communicate with the City. As soon as possible but not later than 12 months past the effective date of this Agreement, such notice will also be published in the local telephone book.

18. Within 6 months of the effective date of this Agreement, the City will report to the Department on the telecommunications system it has chosen and will submit its written procedures, the names of employees who have been trained, and a copy of the public notice it has issued.

C. STRUCTURAL CHANGES

19. In order to ensure that the following spaces in City Hall, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

a. At the Finance Counter, provide a counter that has either of the following or provide a programmatic solution to this inaccessible area:

1) a portion that is at least 36 inches in length where the top surface of the counter is a maximum height of 36 inches above the finish floor, or

2) an auxiliary counter with a maximum height of 36 inches above the finish floor in close proximity to the main counter. Standards § 7.2(2).

b. Adjust the door closers to the Council Chambers so that the force required to open the doors will be no more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.11(2)(b).

d. In the men's and women's toilet rooms, provide a mirror so that the bottom edge of the reflecting surface is no more than 40 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.6, 4.22.6.

e. In the men's toilet room, relocate the flush controls for the designated accessible urinal no more than 44 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.18.4, 4.22.5.

f. In the men's toilet room, ensure that the designated accessible urinal has an elongated rim that is mounted no more than 17 inches above the finish floor. Standards §§ 4.18.2, 4.22.5.

h. In the designated accessible stalls in the men's and women's toilet rooms, modify the grab bars so that:

1) there is a rear grab bar is at least 36 inches long and mounted not more than 6 inches from the side wall,

2) the rear grab bar is between 33 inches and 36 inches high, and

3) the space between the wall and both the side and rear grab bar is 1 1/2 inches. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Figs. 30 & 39.

i. In the men's and women's toilet rooms, relocate the paper towel dispenser so that the highest operable part is no higher than 54 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.2.6, 4.22.7, 4.27.3.

20. In order to ensure that programs offered in existing portions of City Hall are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

a. At the first and second floor elevator hoistway entrances, provide raised and Braille floor designations on both jambs such that the centerline of the characters is at 60 inches above the finish floor. Standards §§ 4.10.5, 4.30.4.

b. Provide a visible and audible signal at the hoistway entrances on the first and second floors in compliance with the Standards. Standards § 4.10.4.

21. In order to ensure that programs offered at the Library are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 3 months of the effective date of this Agreement:

d. In the men's and women's toilet rooms, move the toilet seat cover dispenser so that it complies with Figure 6 of the Standards. Standards § 4.2.6, Fig. 6.

22. In order to ensure that the Community and Economic Development building, for which construction commenced after January 26, 1992, is readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 3 months of the effective date of this Agreement:

a. At the Planning Counter, provide a counter that has either of the following or provide a programmatic solution to this inaccessible area:

1) a portion that is at least 36 inches in length where the top surface of the counter is a maximum height of 36 inches above the finish floor, or

2) an auxiliary counter with a maximum height of 36 inches above the finish floor in close proximity to the main counter. Standards § 7.2(2).

23. In order to ensure that programs offered at the Engineering Department are readily accessible to and usable by individuals with disabilities, the City will complete the following action within 6 months of the effective date of this Agreement:

a. Re-stripe the parking lot so that the designated accessible parking spaces outside of the building are served by an access aisle that complies with the requirements of the Standards for a van accessible space and provide signage designating it as such. Standards §§ 4.1.2(5)(b), 4.6.3, 4.6.4, Fig. 9.

24. In order to ensure that programs offered at the Wastewater Treatment Plant are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 9 months of the effective date of this Agreement:

a. Install edge protection that complies with the Standards on the exterior ramp at the entrance of the facility. Standards §§ 4.3.8, 4.8.7, Fig. 17.

b. Move the sign for the unisex toilet room to the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. Standards §§ 4.1.3(16)(a), 4.30.6.

c. In the unisex toilet room, provide a side grab bar that is at least 42 inches long and mounted no more than 12 inches from the back wall. Standards §§ 4.16.4, 4.22.4, Fig. 29.

e. Provide a drinking fountain so that the spout outlet is no more than 36 inches from the finish floor, or install cups next to the fountain so they dispense no lower than 15 inches and no higher than 48 inches from the finish floor. Standards §§ 4.1.3(10), 4.15.2.

25. In order to ensure that Fire Station #2, for which construction commenced after January 26, 1992, is readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 6 months of the effective date of this Agreement:

a. Reposition the accessible parking spaces so they are on the shortest accessible route of travel to the accessible entrance. Standards §§ 4.1.2(5), 4.6.2.

b. In the men's and women's toilet rooms, relocate the paper towel dispenser so that the highest operable part is no higher than 54 inches above the finish floor. Standards §§ 4.1.3(11), 4.2.6, 4.22.7, 4.27.3.

c. In the men's and women's toilet rooms, move the toilet seat cover dispensers so that they comply with Figure 6 of the Standards. Standards §§ 4.1.3(11), 4.2.6, Fig. 6.

26. In order to ensure that the following spaces in the Police/Court Complex, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 3 months of the effective date of this Agreement:

a. Adjust the door closers in the men's and women's toilet rooms so that the force required to open the doors will be no more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.13.11(2)(b), 4.22.2.

b. In the men's and women's toilet rooms, relocate the toilet seat shield dispenser so that the highest operable part is no higher than 54 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.2.6, 4.22.7, 4.27.3.

c. In the men's and women's toilet rooms, provide side grab bars so that the grab bar is at least 42 inches long and mounted no more than 12 inches from the back wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.17.6, 4.22.4, Figs. 30(a) & (d).

d. Adjust the door closer of the double doors to the Courtroom so that the force required to open the doors will be no more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.11(2)(b).

e. Make available a writing surface at the lawyers' table that is usable by a person using a wheelchair. See Standards §§ 4.32.3, 4.32.4.

f. In the Jury toilet room, relocate the toilet seat shield dispenser so that the highest operable part is no higher than 54 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.2.6, 4.22.7, 4.27.3

g. Adjust the door closer to the Multi-Purpose Room so that the force required to open the door will be no more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.11(2)(b).

h. In the unisex toilet room in the Custody area, provide grab bars so that:

1) the rear grab bar is at least 36 inches long and is mounted not more than 6 inches from the side wall,

2) the side grab bar is at least 42 inches long and mounted not more than 12 inches from the back wall,

i. In the unisex toilet room in the Custody area, provide a mirror so that the bottom edge of the reflecting surface is no more than 40 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.6, 4.22.6.

j. In the sub-lobby unisex toilet room, move the toilet seat cover dispenser so that it complies with Figure 6 of the Standards. Standards § 4.2.6, Fig. 6.

27. In order to ensure that Fire Station #3, for which construction commenced after January 26, 1992, is readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 3 months of the effective date of this Agreement:

a. Adjust the faucet on the lavatory in the unisex toilet room so that the force required to activate the controls is no more than 5 pounds. Standards §§ 4.1.3(11), 4.19.5, 4.22.6, 4.27.4.

b. Provide a mirror in the unisex toilet room so that the bottom edge of the reflecting surface is no more than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.19.6, 4.22.6.

c. Relocate the signs that designate the accessible parking spaces so that they are in front of the accessible space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7.

28. In order to ensure that programs offered at Hillcrest Park are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

a. Adjust the door closers in the men's and women's toilet rooms in the Lodge so that the force required to open the door will be no more than 5 pounds. Standards §§ 4.13.11(2)(b), 4.22.2.

b. In the men's and women's toilet rooms in the Lodge, relocate the diaper trash receptacle so that the highest operable part is no higher than 54 inches above the finish floor. Standards §§ 4.2.6, 4.22.7, 4.27.3.

c. In the men's and women's toilet rooms in the Lodge, lower the diaper changing table so that the surface is between 28 and 34 inches high when it is open. Standards § 4.32.4.

d. In the men's and women's toilet rooms in the Lodge, move the toilet seat cover dispensers so that they comply with Figure 6 of the Standards. Standards § 4.2.6, Fig. 6.

e. In the men's and women's toilet rooms in the Lodge, provide a mirror so that the bottom edge of the reflecting surface is no more than 40 inches above the finish floor. Standards § 4.19.6.

f. In the designated accessible stalls in the men's and women's toilet rooms in the Lodge, relocate the toilet paper dispenser so that it is mounted below the grab bar as shown in Figure 30(d). Standards § 4.17.3, Fig. 30(d).

g. In the designated accessible stalls in the men's and women's toilet rooms in the Lodge, relocate the coat hook no higher than 54 inches above the finish floor. Standards §§ 4.2.6, 4.25.3.

h. Relocate the urinal in the men's toilet room in the Lodge on an accessible route with a minimum clear width of 36 inches. Standards §§ 4.1.3(11), 4.3.3, 4.22.1.

i. Replace the public pay phone in the lobby with one that has volume control and hearing aid compatibility, appropriate signage, and otherwise complies with the Standards. Standards §§ 4.1.3(17)(a), 4.1.3(17)(b), 4.31.2 through 4.31.8, 4.30.7.

j. Re-stripe the parking lot so that the designated accessible parking spaces outside of the Lodge are served by an access aisle that complies with the requirements of the Standards. Standards §§ 4.1.2(5)(b), 4.6.3, Fig. 9.

k. In the men's and women's toilet rooms in the Skylight Room, raise the lavatory to provide at least 29 inches of knee clearance with the rim or counter surface no more than 34 inches above the finish floor in compliance with the Standards. Standards §§ 4.22.6, 4.19.2, Fig. 31.

l. In the men's and women's toilet rooms in the Skylight Room, relocate the coat hook no higher than 54 inches above the floor. Standards §§ 4.2.6, 4.25.3.

m. In the men's and women's outdoor toilet rooms, relocate the toilet paper dispensers so that they are placed below the grab bars. Standards § 4.17.3, Fig. 30(d).

n. In the men's and women's outdoor toilet rooms, install a wall-mounted lavatory that provides sufficient knee and toe clearance for a person using a wheelchair and has no sharp or abrasive surfaces under lavatory. Standards §§ 4.19.2, 4.19.4, Figs. 31 & 32.

o. In the men's and women's outdoor toilet rooms, alter the accessible toilet stall so that it is at least 60 inches wide and 59 inches deep. Standards §§ 4.22.4, 4.17.3, Fig. 30(a).

p. In the men's and women's outdoor toilet rooms, relocate the flush controls on the clear side of the toilets in the accessible toilet stalls no more than 44 inches above the finish floor. Standards §§ 4.22.4, 4.16.5, 4.17.2.

q. Install a riser to increase the height of the toilet seat in the men's and women's outdoor toilet rooms, so that the top of the seat is 17 to 19 inches from the finish floor. Standards §§ 4.22.4, 4.16.3.

r. Re-stripe the parking lot so that the designated accessible parking spaces outside of the men's and women's outdoor toilet rooms are served by an access aisle that complies with the requirements of the Standards. Standards §§ 4.1.2(5)(b), 4.6.3, Fig. 9.

29. In order to ensure that the "Portable" building of Hillcrest Park, for which construction commenced after January 26, 1992, is readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

a. In the men's and women's toilet rooms in the "Portable" building, provide a side grab bar that is at least 42 inches long and mounted no more than 12 inches from the back wall. Standards §§ 4.1.3(11), 4.16.4, 4.22.4, Fig. 29.

b. In the men's and women's toilet rooms in the "Portable" building, relocate the toilet paper dispenser so that it is mounted within reach of the toilet, as shown in Figure 29(d) of the Standards. Standards §§ 4.1.3(11), 4.16.6, 4.22.4, Fig. 29(d).

c. In the men's and women's toilet rooms in the "Portable" building, provide a mirror so that the bottom edge of the reflecting surface is no more than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.19.6, 4.22.6.

d. In the men's and women's toilet rooms in the "Portable" building, relocate the coat hook no higher than 54 inches above the floor. Standards §§ 4.1.3(12)(a), 4.2.6, 4.22.7, 4.25.3.

30. In order to ensure that programs offered at Bakerview Park are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

a. Re-stripe the parking lot so that the accessible parking spaces are served by an access aisle that complies with the requirements of the Standards. Standards §§ 4.1.2(5)(b), 4.6.3, Fig. 9.

b. Adjust the door closers in the men's and women's toilet rooms so that the force required to open the doors will be no more than 5 pounds. Standards §§ 4.13.11(2)(b), 4.22.2.

c. In the accessible stalls in the men's and women's toilet rooms, relocate the toilet paper dispenser so that it is mounted below the grab bar as shown in Figure 30(d) of the Standards. Standards § 4.17.3, Fig. 30(d).

e. Install a riser to increase the height of the toilet seat in the men's and women's toilet rooms, so that the top of the seat is 17 to 19 inches from the finish floor. Standards §§ 4.22.4, 4.16.3.

f. Move the soda vending machine forward so that it is approachable from the front and side. Standards § 4.2.6, Fig. 6.

31. In order to ensure that programs offered at Bakerview Park are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 24 months of the effective date of this Agreement:

b. At the concession stand, provide a counter that has either of the following or provide a programmatic solution to this inaccessible area:

1) a portion that is at least 36 inches in length where the top surface of the counter is a maximum height of 36 inches above the finish floor, or

2) an auxiliary counter with a maximum height of 36 inches above the finish floor in close proximity to the main counter. Standards § 7.2(2).

c. Reposition the toilets or the partitions in the accessible stalls in the men's and women's toilet rooms so that each toilet's centerline is 18 inches from the partition. Standards §§ 4.22.4, 4.17.3, Fig. 30(a).

d. In the men's and women's toilet rooms, install a wall-mounted lavatory that provides sufficient knee and toe clearance for a person using a wheelchair and has no sharp or abrasive surfaces under lavatory. Standards §§ 4.22.6, 4.19.2, 4.19.4, Figs. 31 & 32.

32. In order to ensure that programs offered at Lion's Park are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

a. Re-stripe the accessible parking space to the right of the outdoor toilets to provide a van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4.

b. Relocate the telephone so that its coin slot is no higher than 54 inches above the ground. Standards §§ 4.1.3(17), 4.31.3, 4.2.6.

e. In the accessible stalls in the men's and women's toilet rooms, install a riser to increase the height of the toilet seat, so that the top of the seat is 17 to 19 inches from the finish floor. Standards §§ 4.22.4, 4.16.3

f. In the accessible stalls in the men's and women's toilet rooms, relocate the toilet paper dispenser so that it is mounted below the grab bar as shown in Figure 30(d). Standards § 4.17.3, Fig. 30(d).

h. In the men's and women's toilet rooms, provide a lavatory with faucet controls that do not require tight grasping, pinching or twisting of the wrist. Standards §§ 4.19.5, 4.22.6, 4.27.4.

33. In order to ensure that programs offered at Sherman-Anderson Park are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 12 months of the effective date of this Agreement:

a. Re-stripe the accessible parking spaces so that they are served by an access aisle that complies with the requirements of the Standards and so that at least one van-accessible parking space is provided served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.3, 4.6.4, Fig. 9.

b. In the accessible stalls in the men's and women's toilet rooms, relocate the toilet paper dispenser so that it is mounted below the grab bar as shown in Figure 30(d). Standards § 4.17.3, Fig. 30(d).

34. In order to ensure that programs offered at Sherman-Anderson Park are readily accessible to and usable by individuals with disabilities, the City will complete the following actions within 24 months of the effective date of this Agreement:

a. In the men's and women's toilet rooms, alter the accessible toilet stall so that it is at least 60 inches wide and 59 inches deep. Standards §§ 4.22.4, 4.17.3, Fig. 30(a).

b. In the men's toilet room, provide a urinal that has an elongated rim that is mounted no more than 17 inches above the finish floor. Standards §§ 4.18.2, 4.22.5.

c. In the men's toilet room, relocate the flush controls for the urinal no more than 44 inches above the finish floor. Standards §§ 4.18.4, 4.22.5.

d. In the men's and women's toilet rooms, install a wall-mounted lavatory that provides sufficient knee and toe clearance for a person using a wheelchair and has no sharp or abrasive surfaces under lavatory. Standards §§ 4.22.6, 4.19.2, 4.19.4, Figs. 31 & 32.

IMPLEMENTATION AND ENFORCEMENT

35. At 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers and on the Internet, and copies of adopted policies.

36. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written agreement by the Department to the proposed modification, the proposed modification to this Agreement will not take effect.

37. The Department may review compliance with this Agreement at any time. If it believes that this Agreement or any requirement thereof has been violated, it will so notify the City in writing, and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

38. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

39. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the City.

40. This Agreement is a public document. A copy of this document or any information contained in it will be provided to any person by the City or the Department on request.

41. The effective date of this Agreement is the date of the last signature below.

42. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.

43. This Agreement will remain in effect for three years from the effective date of this Agreement, or until full compliance with this Agreement by the City has been achieved.

44. The signers of this document represent that they are able to bind their parties to this Agreement.

45. In computing any period of time prescribed or allowed by this Agreement, unless otherwise stated, such computation shall be made consistent with the Federal Rules of Civil Procedure.

46. Nothing herein shall suggest that any portion of this Settlement Agreement is or has been created for the benefit of any third party and nothing herein shall be construed to provide any rights to third parties.

47. Any notices required by this Settlement Agreement shall be delivered to the parties at the following addresses.